What is the limitation period for a plaintiff to seek a postponement of their claim?
British Columbia, Canada
The following excerpt is from Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2007 BCSC 640 (CanLII):
It is the onus of the plaintiffs to establish on a balance of probabilities that they could not have reasonably known the material facts on which their claims are based before the expiration of the applicable limitation period. If they do not, they are not entitled to a postponement. See, for example, Atchison v. Langley (City), [1994] B.C.J. No. 1804 at paras. 26-27, 31 (S.C.) (QL). In my view, the plaintiffs’ evidence fails to meet that onus on a balance of probabilities. Therefore, if the plaintiffs’ two, six and ten year claims have expired, I find that they are unable to avail themselves of the postponement provisions in s. 6 of the Limitation Act. Six-year limitation
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